Category Archives: CARP

The interest of the Republic, for whom the OSG speaks, has been amply protected through the direct action of petitioner LBP – the government instrumentality created by law to provide timely and adequate financial support in all phases involved in the execution of needed agrarian reform.

Posted on March 8, 2012 by Erineus

The OSG’s Intervention           The interest of the Republic, for whom the OSG speaks, has been amply protected through the direct action of petitioner LBP – the government instrumentality created by law to provide timely and adequate financial support in … Continue reading →

Posted in Agrarian Reform, CARP, Land Bank, LBP, OSG | Tagged | Leave a comment

Interest payments borne by government, not by farmers-beneficiaries

Posted on March 8, 2012 by Erineus

Interest payments borne by government, not by farmers-beneficiaries  Nor do we find any merit in the LBP’s assertion that the large amount of just compensation that we awarded the petitioners, together with the amount of interest due, would necessarily result … Continue reading →

Posted in CARP, DAR, Land Bank, LBP | Tagged | Leave a comment

Expropriation for agrarian reform requires the payment of just compensation

Posted on March 8, 2012 by Erineus

Expropriation for agrarian reform requires the payment of  just compensation The LBP claims that the just compensation in this case should be determined within the context of the article on social justice found in the 1987 Constitution. In the LBP’s … Continue reading →

Posted in Agrarian Reform, CARP, DAR, Definitions, Expropriation, Land Bank, Statutory Construction | Tagged | Leave a comment

The LBP’s valuation of lands covered by CARL is considered only as an initial determination, which is not conclusive, as it is the RTC, sitting as a Special Agrarian Court, that should make the final determination of just compensation

Posted on March 8, 2012 by Erineus

Under Section 1 of Executive Order No. 405, series of 1990, petitioner LBP is charged with the initial responsibility of determining the value of lands placed under land reform and the just compensation to be paid for their taking. Through … Continue reading →

Posted in CARP, Land Bank, SAC | Tagged | Leave a comment

The doctrine of primary jurisdiction does not allow a court to arrogate unto itself authority to resolve a controversy, the jurisdiction over which is initially lodged with an administrative body of special competence.[

Posted on February 29, 2012 by Erineus

Petitioners Cesar Caguin, Cleofas Vitor, Teresita Vitor, Jose Levitico Dalay, Marcelo Dalay, Esperanza Mario, Celestina Cosico, Ma. Ruth Pacurib, and Raquel San Juan, through the Legal Assistance Division of the DAR, claim that findings of fact of the DARAB should … Continue reading →

Posted in CARP, DAR, DARAB, Jurisdiction, Primary Jurisdiction | Tagged | Leave a comment